REBECA Z. GYUMI V. ATTORNEY GENERAL

Rebeca Gyumi brought an action to the High court of Tanzania challenging the constitutionality of Section 13 and 17 of the Law of Marriage Act of Tanzania Cap. 29 R.E 2002, whereby this Act seems to violate girls right to equality and undermine their access to education. Since because this Act allows them to be married at a age of 15 with parent's consent and also at age of 14 by court's permission.
The High court stated that the provision mentioned of the Law of Marriage Act were unconstitutional because they breached Article 12(1) and 13(1) & (2) of the constitution of Tanzania as amended time to time.

HELD: The court held the law differential treatment to boys and girls as by allowing girls to be married at a age of 15 by the consent of the third party and boys at a age of 18 , seems to be discriminatory and infringed the right to equality. But also the court noted that the Law of Marriage Act was outdated and since it's enactment there has been considerable legislation to protect girls dignity and integrity.

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